Communique "This Machine Creates Fascists" 10-29-2021
“People demand freedom of speech as a compensation for the freedom of thought which they seldom use.” – Soren Kierkegaard
I am going to take an educated guess as to how many of you would be surprised to find out if I receive quite a bit of not quite hate mail, but responses that before they insult me, want to know if, given my positions on several issues of substance, the Covid-19 Virus comes to mind, I have ever read the Constitution.
Particularly, to hear my critics say it, I seem to have never read, or at least have greatly misunderstood the meaning of the 10th Amendment. You know, the one where all power not reserved to the Federal Government goes to the States, and then to the People.
Well, let me take the opportunity to clear up a few misconceptions. Firstly, seeing as I have been teaching Constitutional Law for over 10 years now, yes, I have read the Constitution, along with any number of influential books and documents most of my potential fan base in error have never heard of.
And yes, I have read, and researched extensively I might add, the 10th Amendment, centering on dual sovereignty issues including separation of powers, intergovernmental immunities and the “police power”, meaning the State is primarily responsible for the health, safety, and welfare of its citizenry.
And then there is us. We, the People, where the Constitution begins, and if you count the original Amendments ending with the 10th, where the Constitution’s directives and discussion of political power ends. With We, the People’s natural rights to life, liberty, and the pursuit of happiness sacrosanct and largely intact. Glad I could clear that up for you, Sparky.
Do I begrudge my critics challenging my Constitutional chops? Not in the least. In many ways, I consider my many detractors’ interest in the Constitution and their rights protected thereunder to be a good thing and yes, as a self-professed Constitutional “gunslinger” I expect to be “called out” every now and then for yet another showdown at the Constitutional Corral so to speak. And because of the 1st Amendment, speak they do.
Admittedly, I have received any number of challenges that are I’ll be kind and say “incomplete” in general thought, research and scope, a phenomenon I like to call the “ready, fire, aim” syndrome, yet not all the letters from some flounders I receive are not all bad and if any of my comments, views or from time to time criticisms allow for further thought, discussion and perhaps even a few changes in points of view, then it was all well worth the effort.
In America, one of the primary ways we grow is through the ability to engage in robust discussion of all things political without being subject to charges of libel and slander, sedition and at times, treason. Why in fact, in the good old days where we did not have separation of Church and State, an act of political defiance could lead to an affront to God, and hence the result being a sentencing to death followed by an additional eternity of damnation in the fire pits of Hell, to run either consecutively, or concurrently, forever.
In America, we believe in the marketplace of ideas theory, meaning everyone, and I mean everyone is entitled to their opinions with the truth found not by who speaks the loudest, or with the most compassion, or with threats of violence, but in the voices of those usually in the middle, or, put another way, the most reasonable among us.
Yet today, we find ourselves in a political atmosphere where conscientious, well-read and reasoned political ideology, you know, reasonable thoughts applied to the machinations of government, i.e. promoting programs that would be of the greatest benefit to the largest number of individuals, from the bottom up, and not from the trickle down, as the proper way to insure our rights to form a more perfect union are protected, and not by mere lip-service or hollow words, but by action.
For purposes of the 1st Amendment, I define action as the propagation and passage of laws as representative of the majority, a benevolent majority of Americans who have come to love, cherish, and understand our unique place in history. Free persons willing to make decisions for themselves and in tandem with their fellow Americans who understand compromise for greater good, these are the patriots of which I speak.
For in the final analysis, these are the people who understand that under the 10th Amendment it was and will always be the rights of individuals that at times patriotically assume the responsibility of making decisions in the best interest of unity, recognizing both self-interest and the common community interests and values, near and afar, with comity and respect for alternative views, even those we don’t like, that will always be at the heart and soul of the American people, and a pathway towards our shared ambitions, hopes and dreams.
Also, if you are trying to “channel” the intentions of the Founding Fathers, an incredibly smart group of individuals who were as with all great thinkers and innovators, hobbled by the restrictions in the thoughts and technology of the 18th Century.
Therefore, if you are looking at the trapping of times, as opposed to the essence of the Constitution, equality and justice for all comes to mind, for true insight into their politics, philosophies, hopes and dreams is at best a parlor trick often called “originalism” that has proven to offer little or no insight when applied to the complexities of the modern world. Thank you very much.
Oh, and one last favor? If you could refrain from calling the 2nd Amendment our best protection from infringements of our 1st Amendment rights, when I would argue that it is the 1st Amendment that protects our rights under the 2nd Amendment, (please give it some thought and maybe even let it marinate in a sea of reflection time) that would be great. And, at the same time, I’m glad I could clear that up for you. You’re welcome.
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